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Friday, October 25, 2013

Six Software Company Execs Wrongly Convicted - IRP6

It is an important human right to be allowed to prove one's innocence. But what happens when the system wants to prevent that? Would the justice system withhold records wrongly convicted inmates need to file an appeal?What happens when a software company with five African American officers and one Caucasian develop software that could revolutionize communication between local and federal law enforcement agencies? After the 9/11 tragedy, Americans repeatedly heard officials blame poor communication between agencies as an excuse for why the plans to attack the Twin Towers and the Pentagon were not foiled although there were warnings. A software company decided to develop software that would make it possible for every law enforcement agency to have access to the pertinent information instantly. After several meetings with the Government, the software company was raided by the F.B.I., and its principals were arrested on charges that should have been addressed in civil court, if at all. The start-up company had racked up some bills with temporary service companies that supplied personnel who helped build and revise the software. That indebtedness was used as the feds' excuse to raid the software company and arrest its officers.

Do the feds really want a way to facilitate easy communication between all U.S. law enforcement agencies to prevent such disasters as 9/11? The software was expected to generate billions; instead the company's executives are imprisoned. Below is a press release from "A Just Cause," the organization that advocates for justice for the IRP6 - six men wrongly convicted and incarcerated, possibly to prevent software development that the federal government said it wanted - or to steal it."The case in a nutshell is a corporate debt collection case that got criminalized by an over-zealous FBI agent, John Smith and Assistant U.S. Attorney, Matthew Kirsch in Denver, Colorado," said Rev. Dr. Floyd Harris, Jr., director of National Network in Action of IRP6: Gary Walker, David Banks, Clinton Stewart, Kendrick Barnes, Demetrius Harper and David Zirpolo. Could it be a throwback to Tulsa, Oklahoma? More than one person who heard about IRP6 stated, "'They' don't want people of color to have successful businesses and will do anything to destroy them." It is unfortunate that this level of distrust remains in the 21st century or that it may be true. See the comment below from a person at Facebook:Jovaun Cyrelle Hardin said, "I Know Firsthand This Happens To Black Companies! It Happened to Mine! We Create Something Great and They Destroy Us and Take It!!!! We Have to Fight Against This Its 2013. HOW CAN THIS STILL Be Happening?!?!"Below is an update on the justice quest for IRP6, the software manufacturers who remain incarcerated. See more information at www.a-justcause.com and www.freetheirp6.org . Please also listen to the two radio broadcasts linked underneath the press release.

Petition for Writ of Mandamus Is Filed by Attorney Gwendolyn Solomon for The IRP6, Requesting That The Courts Resolve Issue Of Federal Court Reporter Darlene Martinez Omitting 200 Pages of Transcripts From The Criminal Trial Of Six Colorado Businessmen

Attorney Solomon requested that Judge Christine Arguello, Court Reporter Darlene Martinez, and District of Colorado court clerk employees Charlotte Hoard and Ed Butler be ordered to answer to alleged violations of The Court Reporter's Act, which articulates, “28 U.S.C.A 753(b) makes it mandatory by Congress, that a court reporter shall record all proceedings verbatim in criminal cases held in open court which includes sidebars.” (Court Reporter's Act, 28 U.S.C.A 753(b))

The United States Constitution stipulates that no person shall “...be deprived of life, liberty, or property without due process of law.” (United States Constitution, Fifth and Fourteenth Amendments, and The United States Bill of Rights)

The Petition for Writ of Mandamus filed by Attorney Gwendolyn Solomon alleges breach of contract by court reporter Darlene Martinez for failing to attach her original shorthand notes or other original records to her official certificate and promptly file them with the clerk. (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

A separate, but related, lawsuit filed by advocacy group A Just Cause asserts, “Ms. Martinez stated that those records (sidebar transcript from IRP6 case) no longer existed and had been destroyed. The negligent reporting practices of Ms. Martinez resulted in the omission of critical information, and made it impossible for her or her agency to produce a complete and accurate transcript of the proceedings. The criminal defendants in the underlying action were third party beneficiaries to the contract between (A Just Cause) and (Darlene M. Martinez) for the purchase of the transcript of the entire trial proceeding in United States v. Banks, et al., case number 09CR266.” (Civil Action No. 13-cv-02260-RBJ-KMT)

The IRP6 case concerns an African-American company (IRP Solutions Corporation) in Colorado that developed the Case Investigative Life Cycle (CILC) criminal investigations software for federal, state, and local law enforcement. The IRP6 (Kendrick Barnes, Gary L Walker, Demetrius K. Harper, Clinton A Stewart, David A Zirpolo and David A Banks) were convicted in 2011 after being accused of mail and wire fraud. The defense argues that key elements of the court transcript, which are key to the appeal, are missing. (D. Ct. No. 1:09-CR-00266-CMA)

According to The Guide To Judiciary Policy Volume 6 (court reporting manual for federal courts), Section 140.25, Automated Court Reporter System Application, "The Automated Court Reporter Application (ACRA) automates the submission and archiving of court reporter data." (Guide to Judiciary Policy Volume 6). Section 115.10 of the Guide to Judiciary Policy affirms, "The Judicial Conference endorsed the use of real-time reporting technology by official court reporters in the districts courts". (Guide to Judiciary Policy Volume 6)

"With the technology that the Judicial Conference has made available to the courts, I can't comprehend the idea that the court transcripts are not available somewhere ", states Sam Thurman, A Just Cause.The Petition for Writ of Mandamus for the IRP6 states, “The Fifth (or Fourteenth if a state is 18 involved) and Sixth Amendments concomitantly provide a criminal defendant the right to present a defense by compelling the attendance, and presenting the testimony, of his own witnesses. Washington v. Texas, 388 U.S. 14, 18-19 (1967); Serrano, 406 F.3d at 1213. This right is a fundamental element of due process of law. Webb v. Texas, 409 U.S. 95, 98 (1972).” (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

Solomon asserts in the petition, “The verbatim transcript is material to the issue concerning the violation of the Petitioners Fifth Amendment rights. The failure to inspect or be provided the complete verbatim transcript prejudices the Petitioners defense makes it impossible to perfect their appeal and deprives them of due process of law and warrants a reversal on their convictions.” (Petition for Writ of Mandamus 28 U. S. C 1651(a), Fed. R. App. P. 21 - D.C. No. 1:09-CR-00266- CMA Nos. 11-1487, 11-1488, 11-1489, 11-1490, 11-1491 & 11-1492)

"A Just Cause remains bewildered by length of time it has taken to reverse the IRP6's convictions when there is evidence to suggest that 200 pages of the transcript were omitted," says Thurman.

In the 2002 case of U.S. v. Stephens, 38 Fed. Appx. 998 the Fourth Circuit Court of Appeals took only 22 days to vacate a conviction where the missing portion of transcript was unavailable for a defendant to perfect his appeal. "The IRP6 situation mirrors that of the Stephens case, yet the IRP have been incarcerated for over 14 months now", asserts Thurman. "A Just Cause is exploring every available avenue to facilitate the exoneration of the IRP6", Thurman concludes.

It is an important human right to be allowed to prove one's innocence. But what happens when the system wants to prevent that? Would the injustice system withhold records the wrongly convicted need to file an appeal?

What happens when a software company with five African American officers and one Caucasian develop software that could revolutionize communication between local and federal law enforcement agencies? After the 9/11 tragedy, Americans repeatedly heard officials blame poor communication between agencies as an excuse for why the plans to attack the Twin Towers and the Pentagon were not foiled although there were warnings. A software company decided to concentrate on developing software that would make it possible for every law enforcement agency to have access to the pertinent information instantly. To show how much the feds appreciated this invention, the software company was raided by the F.B.I., and its principals were arrested on charges that should have been addressed in civil court, if at all. The start-up company had racked up some bills with temporary service companies that supplied personnel who helped build and revise the software. That indebtedness was used as the feds' excuse to raid the software company and arrest its officers.

Thank you, rainbowveggie. I ordinarily delete comments that carry ads not paid for, but I will make an exception for you this time. Check out more stories about prisoners, which are listed in the blog index on the right-hand margin. If you wish to contact me about advertising on my blogs, call 678.531.0262 or email MaryLovesJustice@gmail.com. Human Rights for Prisoners March also has a radio broadcast every Monday night on National Network in Action (nnia1). Read about it at this link http://freespeakblog.blogspot.com/2013/10/new-human-rights-blogtalkradio.htmlPrisoners need voices on the outside like ours. Support human rights for prisoners by advertising with us.

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About Me

The photo is of my brother, Larry Neal, a handicapped American who was secretly arrested and returned to his family as a naked corpse after 18 days with records and accountability denied. That led to my becoming "America's Most Censored: Mary Neal." See this link http://goo.gl/aELp3 - I founded and direct Assistance to the Incarcerated Mentally Ill ("AIMI"), advocating for 1.25 million inmates who are wrongly and cruelly imprisoned rather than treated for their mental dysfunctions. I love God and the IDEA of America - a melting pot. Many hard lumps remain in the custard today. AIMI members work to have civil and human rights applied to all, including the mentally ill. We oppose wrongful convictions, prison profiteering, excessive sentencing, police brutality, capital punishment, and inequities in application of the law due to racial and economic disparities. We also oppose crime and recognize crime as being violations against human rights and property rights. Imprisonment is often warranted, but never brutality, torture, or death. We advocate love. The need is for America to "be true to what she said on paper" (MLK).

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